On Point: 46. WI Court of Appeals

State v. Jimmy L. Powell, 2013AP1111-CR, 3/27/14, District 4; (not recommended for publication); case activity

This appeal stems from a 1st-degree reckless injury conviction.  Powell, a drug dealer, ran over and/or cut his client’s throat during a deal. His enthusiastic, 38-page initial brief raises 7 issues for review.  This post examines the court of appeals’ decision on 2 of them.

“Other Acts” Evidence Issue: Whether the circuit court erred in admitting “other acts”

State v. Andrew M. Obriecht, 2014 WI App 42, petition for review granted 11/14/14, reversed, 2015 WI 66; case activity

When sentence credit for time spent in custody before the defendant was sentenced is not granted until after the defendant has been revoked from parole and reincarcerated, the plain language of § 302.11(7)(am) and (b) requires DOC to apply the credit to the remaining period of parole,

State ex rel. Aman Singh v. Paul Kemper, 2014 WI App 43, petitions for review and cross review granted 11/4/15, affirmed in part and reversed in part, 2016 WI 67; case activity

When Singh committed, or was convicted and sentenced for, his offenses, he was eligible for early release under statutes enacted by 2009 Wisconsin Act 28. But by the time he arrived at prison,

Mary E.B. v. Cecil M., 2014AP160, District 2, 3/26/14; court  of appeals decision (1-judge; ineligible for publication), petition for review granted, 9/18/14, appeal voluntarily dismissed 12/17/14; case activity

The circuit court properly found that a mother who petitioned to terminate the father’s parental rights did not prove the father failed to assume parental responsibility, § 48.415(6). The court of appeals rejects the mother’s arguments that the circuit court applied an erroneous legal standard and that its decision is not supported by the record.

State v. Jeffrey D. Marker, 2013AP2725-CR, District 2, 3/26/14; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court erred in dismissing a complaint charging Marker with operating under the influence of a controlled substance because the complaint was sufficient to establish probable cause, applying Lofton v. State, 83 Wis. 2d 472, 478, 266 N.W.2d 576 (1978). After police received a tip about a reckless driver,

State v. Jesse A. Van Camp, 2013AP2059-CR, District 3, 3/25/14; court of appeals decision (1-judge; ineligible for publication); case activity

Although an “[a]dmittedly … close case” (¶15), police had reasonable suspicion to stop Van Camp under all the circumstances, including his “somewhat evasive” driving behavior, even though they observed no specific criminal activity, applying State v. Anderson, 155 Wis. 2d 77, 84,

State v. Philip B. Caminiti, 2013AP730-CR, District 4, 3/20/14; court of appeals decision (not recommended for publication); case activity

The prosecution of Caminiti for conspiracy to commit child abuse, §§ 939.31 and 948.03(2)(b), based on his instructions to his congregants to use a rod to discipline their children did not violate his First Amendment rights to advocacy or freedom of religion.

State v. Jimmie G. Minett, 2014 WI App 40; case activity

Issue:  Whether under State v. Popenhagen, 2008 WI 55, 309 Wis. 2d 601, 749 N.W.2d 611, suppression of evidence discovered during a strip search may be a remedy for violation of § 968.255?

Holding:  “No,” said the court of appeals.  Popenhagen simply abrogated case law that prohibited the circuit court from suppressing evidence obtained in violation of a statute when the statute does not expressly require suppression.

State v. Patrick E. Gordon, 2014 WI App 44; case activity

The circuit court’s findings—Gordon was in a high-crime area; he and his friends “recognized the police presence”; and, as a result, Gordon engaged in a “security adjustment,” which is “a conscious or unconscious movement that an individual does when they’re confronted by law enforcement when they’re typically carrying a weapon” and involves placing a hand over the place the gun is to make sure it’s still there (¶¶3-7,

State v. Venceremos Crump, 2013AP2163-CR, District 1, 3/18/14; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court articulated its reasons for the sentence imposed on Crump as required by State v. Gallion, 2004 WI 42, ¶17, 270 Wis. 2d 535, 678 N.W.2d 197, in light of the court’s comments in its order denying Crump’s postconviction motion, where it explicitly addressed the three primary sentencing factors and applied those factors to the facts of Crump’s case.